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Settling a Car Accident Case: Drafting Your Demand

You’re representing someone injured in a car accident and you’ve reached the point at which you’re ready to send a demand letter to communicate a settlement offer to the defendant’s insurance carrier....

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Checklist: What to Include in a Government Claim

Under California’s Government Claims Act (Govt C §§810–996.6), you can’t sue a public entity or its employees until after you’ve presented the entity with a claim for “money or damages.” Here’s a handy...

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Using the “Black Box” in a Car Accident Case

One of the key parts of liability testimony in a car accident case is the chronology of the accident: the parties’ conduct before the impact, the impact, and conditions after impact. The parties are...

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Establishing Credibility in Plaintiff’s Opening Statement

In a personal injury case, plaintiff’s counsel should approach the opening statement to the jury with one primary goal: establishing credibility. If the jury believes you, it will be much more likely...

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Can Opinion Come In Under the Business-Records Exception?

Here’s a common evidence question: Are opinions admissible when they’re in business records? The answer is generally “yes,” as long as the statement of opinion is in a writing that qualifies otherwise...

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How Far Does a Landowner’s Liability Go?

Landowners’ duty to maintain their premises in a reasonably safe condition has a pretty far reach, but the California Supreme Court recently curbed it. A landowner’s duty extends to all areas that (1)...

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Are Landlords Liable for a Tenant’s Biting Dog?

When a tenant’s dog bites someone, the injured party may want to go after the deeper pocket of the landlord. Whether this will be successful or not depends on what the landlord knew. Residential...

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The Benefit of an Effective Medical Expert: More Money

There’s a definite correlation between the size of personal injury verdicts and the effectiveness of testimony by medical experts. Well-prepared and well-presented medical testimony carries weight and...

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12 Actions Cities Can Take to Mitigate Tort Liability

Cities get sued. A lot. One of the most common kinds of lawsuits against a city arises from injuries caused by an allegedly dangerous condition of city property (like a sidewalk, road, or trail in a...

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4 Tips for Drafting an Effective Settlement Demand Letter

The following is a guest blog post by Anderson Franco, who practices landlord-tenant, personal injury, and general litigation throughout the Bay Area. Before filing a lawsuit, a plaintiff should always...

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